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Minutes

The following members of the Board were present at the County Commissioners’ Meeting Room, Charles County Government Building, for a regular hearing of the Board of License Commissioners: Thomasina Coates, Vice Chairman, Guy N. Black, Steve Lowe, Kathleen Quade, and Linda J. Warren. Also appearing in support of the Board were M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator; Wayne Magoon, Alcohol Enforcement Inspector; Associate County Attorney Jessica Andritz; and Lisa Bailey, Clerk/Recording Secretary. The clerk opened the meeting with some preliminary matters to take care of before the meeting began, and thanked Acting Clerk Melody Weschler for her service to the board during her absence in June.

The Clerk asked if the board was prepared to consider appointment of a Chairman. After a brief discussion Guy Black nominated Thomasina Coates as Chairman. The motion was seconded by Kathleen Quade and passed with all members voting in favor.

The election of the Vice Chairman followed, with Steve Lowe nominating Guy Black, Linda Warren seconded his motion, and all members voted in favor.

1. Following a question and answer period as to the nature and specifics of each event, and upon a motion duly made, seconded and unanimously carried, the Board approved the following temporary alcoholic beverage license applications, as presented:

Charles County Chamber of Commerce, by Betsy Burian Exec. Director. Appearing on behalf of the applicant was Dee Hancock, for two (2) 1-day temporary alcoholic beverage licenses to sell/serve BWL, from 5:30 – 7:30 PM, on the following dates/locations, for monthly mixers, with approximately 100 people expected to attend each event: 11/2 inside Hospice of Charles County, 2505 Davis Road, Waldorf; and 12/7 inside Community Bank of the Chesapeake, 3035 Leonardtown Road, Waldorf.

Cobb Island VFD & EMS, Inc., by: William Lawman, President, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only, inside the firehouse, on November 5, 2017 from Noon to 5 PM, for a fundraiser with approximately 400 people expected to attend.

Friends of David Hancock for Charles County Board of Education, by: David W. Hancock, Jr., for a 1-day temporary alcoholic beverage license to sell/serve BWL at 10365 Fortune Retreat Place, Bel Alton, Maryland, on October 15, 2017 from 1-5 PM for a fundraiser with approximately 200 people expected to attend.

2. Karie Van Hook (80%), Drew Lawson (20%), DaCore Investment Group, LLC, t/a Shark Bar & SeaFood House, 2056 Crain Highway, Waldorf, Maryland, 20601, for a new Class B/RB (Restaurant/Bar) – Beer, Wine & Liquor (on sale only) alcoholic beverage license, with Entertainment. Counsel to the applicant was David J. Martinez. Testimony was presented by the applicants pertaining to the facts contained in the application, which evidences among other things, that Karrie Van Hook, Drew Lawson, DaCore Investment Group, LLC, meet the requirements to hold an alcoholic beverage license, with Ms. Van Hook holding an 80% interest in the limited liability company and Mr. Lawson holding a 20% interest. Both identified as authorized/managing members of the LLC, and Mr. Lawson serving as the resident licensee - having resided in Charles County for at least 2 years. The applicants further testified as to their intent to offer a family friendly atmosphere with entertainment in the evening hours consisting of a DJ or band – but no dance floor – and as approved by the conditions set forth by the Fire Marshall. They submitted a hand-drawn diagram/layout of the interior of their licensed premises including seating for approximately 128 people. While neither of the licensees has experience in the restaurant industry, they intend to be on site regularly and hire a general manager to manage the day to day operation of the business. They testified as to the anticipated hours of operation; that they will maintain a 100% ID check and a “No Vertical ID” policy; and that they will comply with all alcoholic beverage laws. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer, contingent upon a satisfactory FBI criminal history background report for Ms. Van Hook, a satisfactory petition, alcohol awareness certification, health permit, use & occupancy permit, and executed lease, within 120 days from the date of the hearing, along with payment of the appropriate license fee.

3. Show Cause in the Matter of the Class B/RB (Restaurant Bar) – Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Patricia Elizabeth Garcia, RBP, Inc., t/a Mexico Restaurant, 10598 Middleport Lane, White Plains, Maryland 20695, alleging a violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland. Licensee Patricia Elizabeth Garcia appeared along with David J. Martinez, Esquire, who on behalf of his clients, acknowledged receipt of the show cause order and admitted to providing alcoholic beverages service to an Approved Underage Person on April 18, 2017, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland. The alleged server, Jose Miguel Echeverria Escobar, also appeared and acknowledged receipt of the show cause order and admitted to the violation. Testimony was presented by Cpl. Travis Yates as to the charges; and Ms. Garcia and Mr. Escobar each offered further testimony, including the circumstances of the sale and their current alcohol management policies. Upon a motion made, seconded and unanimously approved, the Board ordered, that the alcoholic beverage license be suspended for 3 days, with all 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, it was further ordered, that the licensee be fined $1,500.00, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 2 weeks of the date of the hearing; and it was finally ordered, that the server, Jose Miguel Echeverria Escobar’s fine be waived as he did not receive adequate training.

4. Alcohol Enforcement Inspector Wayne Magoon brought to the attention of Alcohol Enforcement Officer M/Cpl. Judith Thompson that New Year’s Eve falls on a Sunday this year. M/Cpl. Judith Thompson advised the Board that Alcoholic Beverage Law, §18-2005 of the Annotated Code of Maryland, allows “[o]n application, the Board shall issue a special permit authorizing the license holder to stay open on January 1 during hours that are subject to regulations that the Board adopts.” M/Cpl. Judith Thompson suggested that the Board may wish to consider a motion which would allow all licensees who wish to remain open past 12:01 A.M. on Sunday, January 1, 2018 to 2:00 A.M., be allowed to without having to make application for a special permit. Upon a motion, second and unanimous vote the motion passed as stated.

6. David Martinez, Esq., gave an update on the pending transfer for Pleas Eugene Dillard, Jr., Mahli, Inc., t/a Double Eagle Tavern. The application is awaiting a new Health Permit, Use & Occupancy Permit, Workers’ Compensation Insurance binder, Treasurer approval, and appropriate transfer fee. The Board approved the transfer with contingencies on March 9, 2017. Mr. Martinez requested that the Board extend the deadline for an additional 30 days. Upon a motion duly made, seconded and unanimously carried, the Board approved the extension until their next Board hearing on November 9, 2017.

7. The clerk provided the Board with an updated violations list for years 2016 through present 2017.

8. Upon a motion duly made, seconded and unanimously carried, the Board approved the September 14, 2017 Minutes.

With no further business, and upon a motion duly made, seconded and unanimously carried, the meeting adjourned at 11:30 A.M.